Employee and Employer Contributions
One of the first steps in dividing a 401(k) like the Circuit Clinical 401(k) Plan is identifying what portion of the account is marital property. This typically includes both employee and employer contributions made during the marriage.
A QDRO can direct the plan to divide the participant’s total account based on a percentage, a flat dollar amount, or a formula that adjusts for market fluctuation. You may need to distinguish between:
- Contributions made before and during the marriage
- Rollover amounts from other plans (sometimes non-marital)
- Post-separation growth or losses

